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You buy a copy of Windows binary code. In Germany you can even resell your copy of Windows binary code - for example when selling your old computer to somebody

by pulse7 6y ago

You buy a copy of Windows binary code. In Germany you can even resell your copy of Windows binary code - for example when selling your old computer to somebody else.

qayxc 6y ago
> You buy a copy of Windows binary code. No you don't. You buy a limited license to use and replicate the binary for personal use. You don't "buy" anything but the physical medium the binary code shipped on. Transferring ownership of a medium containing the binary code to a third party (bought or otherwise) ends your license to use the binary, no matter if you retain a physical copy. You also don't have the right to use the binary in ways not covered by the license (e.g. reverse engineering outside of the given right to ensure compatibility). This may include executing a copy on more than one machine or by a third party. Finally, there's also a difference between violating licensing terms and such violations being persecuted criminally. An individual might get away with it, but as soon as either commercial activity is so much as suspected or a company does it, there will be legal consequences in Germany, too. Source: first hand experience with licensing audits in several companies involving multiple software vendors (not just Microsoft)
- pulse7 6y ago
  This may be true in US, but in Germany it is not... and this was decided by Germany's supreme court...
  - qayxc 6y ago
    Sources, please. reality says otherwise: https://www.dr-bahr.com/news/verkauf-eines-nicht-aktivierten-lizenzschluessels-einer-software-rechtmaessig.html https://www.dr-bahr.com/news/verkauf-eines-nicht-aktivierten... Why is it that people still don't understand the difference between selling software licenses and using said licenses? The decision was explicitly about non-activated licences and didn't include the right to continue using a license of a sold product. EuGH C128/11 explicitly states that you have to delete/invalidate any copy of used software that you sell. The Vergabekammer Münster Az. VK 1-2/16 doesn't disagree wih that ruling either and neither do BGH Rs. I ZR 129/08 and Az. I ZR 8/13, which simply state that reselling volume licences is allowed. Nowhere was a ruling made that didn't require uninstalling and deleting existing installations after resale.
    - pulse7 6y ago
      OK, but in this case you can still "resell your copy of Windows binary code" - which you didn't use... And this is not permitted in the USA, while it is permitted in Germany...
- zineketter 6y ago
  You might want to read the EULA (it has a specific provision for Germany and Austria by the way). Soething that is true in the US isn't necessarily true in other places.
  - qayxc 6y ago
    > You might want to read the EULA And you might want to read EuGH Rs. C-128/11. Nowhere does it allow reselling used software that is still activated. It only concerns the right to make copies for personal use (well, duh), and reselling non-activated keys as well as software packages associated with it. The license terms concerning the use (e.g. activation) are NOT subject of the ruling. Why is that so hard to understand? Copying software and the license to USE said software legally are two different issues. It's akin to the difference between property and possession. Being in possession of and selling a (digital) copy of a piece of software doesn't imply ownership of said software and the license involved. But please feel free to provide me with a ruling that says otherwise.

by pulse7 6y ago

You buy a copy of Windows binary code. In Germany you can even resell your copy of Windows binary code - for example when selling your old computer to somebody else.

qayxc 6y ago

> You buy a copy of Windows binary code. No you don't. You buy a limited license to use and replicate the binary for personal use. You don't "buy" anything but the physical medium the binary code shipped on. Transferring ownership of a medium containing the binary code to a third party (bought or otherwise) ends your license to use the binary, no matter if you retain a physical copy. You also don't have the right to use the binary in ways not covered by the license (e.g. reverse engineering outside of the given right to ensure compatibility). This may include executing a copy on more than one machine or by a third party. Finally, there's also a difference between violating licensing terms and such violations being persecuted criminally. An individual might get away with it, but as soon as either commercial activity is so much as suspected or a company does it, there will be legal consequences in Germany, too. Source: first hand experience with licensing audits in several companies involving multiple software vendors (not just Microsoft)

pulse7 6y ago
This may be true in US, but in Germany it is not... and this was decided by Germany's supreme court...
- qayxc 6y ago
  Sources, please. reality says otherwise: https://www.dr-bahr.com/news/verkauf-eines-nicht-aktivierten-lizenzschluessels-einer-software-rechtmaessig.html https://www.dr-bahr.com/news/verkauf-eines-nicht-aktivierten... Why is it that people still don't understand the difference between selling software licenses and using said licenses? The decision was explicitly about non-activated licences and didn't include the right to continue using a license of a sold product. EuGH C128/11 explicitly states that you have to delete/invalidate any copy of used software that you sell. The Vergabekammer Münster Az. VK 1-2/16 doesn't disagree wih that ruling either and neither do BGH Rs. I ZR 129/08 and Az. I ZR 8/13, which simply state that reselling volume licences is allowed. Nowhere was a ruling made that didn't require uninstalling and deleting existing installations after resale.
  - pulse7 6y ago
    OK, but in this case you can still "resell your copy of Windows binary code" - which you didn't use... And this is not permitted in the USA, while it is permitted in Germany...
zineketter 6y ago
You might want to read the EULA (it has a specific provision for Germany and Austria by the way). Soething that is true in the US isn't necessarily true in other places.
- qayxc 6y ago
  > You might want to read the EULA And you might want to read EuGH Rs. C-128/11. Nowhere does it allow reselling used software that is still activated. It only concerns the right to make copies for personal use (well, duh), and reselling non-activated keys as well as software packages associated with it. The license terms concerning the use (e.g. activation) are NOT subject of the ruling. Why is that so hard to understand? Copying software and the license to USE said software legally are two different issues. It's akin to the difference between property and possession. Being in possession of and selling a (digital) copy of a piece of software doesn't imply ownership of said software and the license involved. But please feel free to provide me with a ruling that says otherwise.